Cabot Financial UK Ltd

[mystery1]

Re: Cabot Financial UK Ltd

So originial poc (claimant CF UK) says

Assigned to the claimant on ...


Amended poc (claimant CF Europe (or what ever))

Assigned to the claimant on ...



So we have 2 sets of POCs furnished with a statement of truth both claiming the assignment was to the claimant yet the claimant is 2 different firms ?

That's a bit of a problem i'd say.

M1

[nemesis45]

Re: Cabot Financial UK Ltd

So originial poc (claimant CF UK) says

Assigned to the claimant on ...


Amended poc (claimant CF Europe (or what ever))

Assigned to the claimant on ...



So we have 2 sets of POCs furnished with a statement of truth both claiming the assignment was to the claimant yet the claimant is 2 different firms ?

That's a bit of a problem i'd say.

M1

There's another variation now " the account was assigned to /purchased by the Cabot Group on....................

nem

[mystery1]

Re: Cabot Financial UK Ltd

If the assignee is not the claimant they're in a bit of bother.

M1

[Berniethebolt]

Re: Cabot Financial UK Ltd

Surely if they can not show that the account was sold to 'the cabot group' they are stuffed .

Incidentally I was looking at my online backups yesterday so will have to check but it appears that the accounts were sold to Cabot Financial (europe) ltd , at least mine were . These were in 2012 and have both been acknowledged as UE due to no agreement .

I suspect that they will discontinue some of these claims correct the paperwork and then possibly try to recommence proceedings at a later date in the hope that the hapless victim will not challenge it .

[mystery1]

Re: Cabot Financial UK Ltd

Surely if they can not show that the account was sold to 'the cabot group' they are stuffed .

That won't help unless 'the cabot group' are also the claimant.

M1

[nemesis45]

Re: Cabot Financial UK Ltd

Surely if they can not show that the account was sold to 'the cabot group' they are stuffed .

Incidentally I was looking at my online backups yesterday so will have to check but it appears that the accounts were sold to Cabot Financial (europe) ltd , at least mine were . These were in 2012 and have both been acknowledged as UE due to no agreement .

I suspect that they will discontinue some of these claims correct the paperwork and then possibly try to recommence proceedings at a later date in the hope that the hapless victim will not challenge it .

CF Europe Ltd is an Authorised company.

As far as I can see any company or group of companies can shift its assets around the group.

[mystery1]

Re: Cabot Financial UK Ltd

Surely if they can not show that the account was sold to 'the cabot group' they are stuffed .

Of course a quick search of the fca register shows no results for "the cabot group" either.

M1

[meellis]

Re: Cabot Financial UK Ltd

I think all of these entities move the assets around depending on what suits them. Doubt if its legal but nobody seems bothered, they have probably re-financed the same assets in the different entities and people are aware of it but again nobody seems bothered.

[mystery1]

Re: Cabot Financial UK Ltd

I think all of these entities move the assets around depending on what suits them. Doubt if its legal but nobody seems bothered, they have probably re-financed the same assets in the different entities and people are aware of it but again nobody seems bothered.

That's all very well if they're licensed and own the debt and are the claimant. If they aren't licensed then game over. If they own it but are not the claimant, game over. If they are licensed but not the claimant, game over.

Not sure why this is becoming so complicated to be honest.


Are they licensed ?

NO - unenforceable and criminal s39 & 40 CCA.

Yes :-

Are the claimants the correct company ? (do they own it)

No, no locus standi.

Yes, proceed like any other case.

I think i might ignore anything else now. If people want to use it fine. If not they're daft.

M1

[Berniethebolt]

Re: Cabot Financial UK Ltd

Hope you don't ignore [MENTION=5354]mystery1[/MENTION]

The whole thing is very interesting

I want to see Cabot get spanked , I think your comments are very insightful

[nemesis45]

Re: Cabot Financial UK Ltd

That's all very well if they're licensed and own the debt and are the claimant. If they aren't licensed then game over. If they own it but are not the claimant, game over. If they are licensed but not the claimant, game over.

Not sure why this is becoming so complicated to be honest.


Are they licensed ?

NO - unenforceable and criminal s39 & 40 CCA.

Yes :-

Are the claimants the correct company ? (do they own it)

No, no locus standi.

Yes, proceed like any other case.

I think i might ignore anything else now. If people want to use it fine. If not they're daft.

M1

No one especially me is ignoring this there is a suspicion that the is an irregularity which may allegedly be an illegality but is not confirmed my
only reservation is that this should not be included in every defence to a Cabot claim.

nem

[meellis]

Re: Cabot Financial UK Ltd

No offence intended just seen to many things like this go before the courts with a LIP and be totally ignored so I would like somebody make the case stick. We are all aware that the FCA aren't interested or have differing interests yet I read a lot of these rules the same way you are interpreting them but it falling on deaf ears. That's where the importance of people like PT plays out because the courts will listen more to the legal profession than they will a LIP.

[nemesis45]

Re: Cabot Financial UK Ltd

No offence intended just seen to many things like this go before the courts with a LIP and be totally ignored so I would like somebody make the case stick. We are all aware that the FCA aren't interested or have differing interests yet I read a lot of these rules the same way you are interpreting them but it falling on deaf ears. That's where the importance of people like PT plays out because the courts will listen more to the legal profession than they will a LIP.

The FCA has in fact been very helpful and I have an ongoing inquiry/report on the conduct of Cabot in hand!
The alleged illegality has to be tested, the FCA is not authorised to give legal advice or to disclose what actions
it has taken or proposes to take.

A good example of how the old OFT and the FCA can and does react to consumer reports is the entry on the
the CC Register for Motormile Finance.
I was actively involved in making a " mass " report on this company's conduct it's worth a read.

nem

[mystery1]

Re: Cabot Financial UK Ltd

The alleged illegality has to be tested, the FCA is not authorised to give legal advice or to disclose what actions
it has taken or proposes to take.

They can answer the question of licensing. The fact that not having it makes certain actions illegal is neither here nor there as far as asking the fca to state whether a company is licensed or not. If the FCA cannot say if they have a license yet the website says they don't who has won the argument on the balance of probability ?

M1

[mystery1]

Re: Cabot Financial UK Ltd

my
only reservation is that this should not be included in every defence to a Cabot claim.

nem

Why would you not put the claimant to proof of something doubtful, particularly when it can be a win ?

M1